Brian Preston

Land and Environment Court of New South Wales

Chief Judge

225 Macquarie Street

Sydney NSW, 2000

Australia

The University of Sydney - Faculty of Law

Adjunct Professor

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

Western Sydney University, School of Law

Adjunct Professor

Locked Bag 1797

Penrith, NSW 2751

Australia

  • Land and Environment Court of New South Wales

  • The University of Sydney - Faculty of Law

  • Western Sydney University, School of Law

SCHOLARLY PAPERS

57

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TOTAL CITATIONS
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7

Scholarly Papers (57)

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1.

The Use of Restorative Justice for Environmental Crime

(2011) 35 Criminal Law Journal 136.
Number of pages: 25 Posted: 27 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 2,923 (9,608)
Citation 2

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2.

Climate Conscious Lawyering

95 Australian Law Journal 51 (2021)
Number of pages: 16 Posted: 28 Dec 2021
Brian Preston
Land and Environment Court of New South Wales
Downloads 1,722 (22,340)

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Climate change, lawyers, legal ethics

3.

Contemporary Issues in Environmental Impact Assessment

Number of pages: 20 Posted: 28 Dec 2021
Brian Preston
Land and Environment Court of New South Wales
Downloads 1,235 (36,644)

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Environmental impact assessment, planning and development

4.

Mapping Climate Change Litigation

Brian J Preston, Mapping Climate Change Litigation (2018) 92 ALJ 774.
Number of pages: 15 Posted: 11 Sep 2019
Brian Preston
Land and Environment Court of New South Wales
Downloads 961 (52,570)

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climate change litigation, environmental law

5.

Judicial Review of Illegality and Irrationality of Administrative Decisions in Australia

(2006) 26 Australian Bar Review 17
Number of pages: 25 Posted: 29 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 930 (54,991)

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6.

The Judicial Development of the Precautionary Principle

Brian J Preston, ‘The Judicial Development of the Precautionary Principle’ (2018) 35 Environmental and Planning Law Journal 123
Number of pages: 19 Posted: 14 Dec 2018
Brian Preston
Land and Environment Court of New South Wales
Downloads 775 (70,390)

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ecologically sustainable development, precautionary principle

7.

The Role of the Judiciary in Promoting Sustainable Development: The Experience of Asia and the Pacific

Asia Pacific Journal of Environmental Law, Vol. 9, No. 2&3, pp. 109-211, 2005, Sydney Law School Research Paper No. 08/46
Number of pages: 80 Posted: 24 Apr 2008 Last Revised: 04 Dec 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 719 (77,688)

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Sustainable development, role of the judiciary, precautionary principle, intergenerational and intragenerational equity, biological diversity, polluter pays, public trust

8.

Operating an Environment Court: The Experience of the Land and Environment Court of New South Wales

(2008) 25 Environmental and Planning Law Journal 385
Number of pages: 31 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 493 (124,958)

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9.

Characteristics of Successful Environmental Courts and Tribunals

(2014) 26 Journal of Environmental Law 365
Number of pages: 53 Posted: 27 Apr 2016
Brian Preston
Land and Environment Court of New South Wales
Downloads 446 (141,030)
Citation 1

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environmental courts, environmental tribunals, expertise, environmental dispute resolution

10.

The Australian Experience on Environmental Law

35 EPLJ 637
Number of pages: 22 Posted: 21 Jun 2019
Brian Preston
Land and Environment Court of New South Wales
Downloads 444 (141,734)

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11.

The Influence of Climate Change Litigation on Governments and the Private Sector

(2011) 2 Climate Law 485
Number of pages: 23 Posted: 29 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 430 (147,053)
Citation 1

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12.

Climate Change Litigation (Parts 1 and 2)

Part 1: (2011) 5(1) Carbon and Climate Law Review 3; Part 2: (2011) 5(2) Carbon and Climate Law Review 244
Number of pages: 41 Posted: 30 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 394 (162,930)

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13.

Sustainable Development Law in the Courts: The Polluter Pays Principle

(2009) 26 Environmental and Planning Law Journal 257
Number of pages: 13 Posted: 31 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 384 (167,234)

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14.

The Adequacy of the Law in Satisfying Society's Expectations For Major Projects

(2015) 32 EPLJ 182
Number of pages: 34 Posted: 27 Apr 2016
Brian Preston
Land and Environment Court of New South Wales
Downloads 372 (173,770)

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social impact assessment, environmental justice, social justice, distributive justice, public participation

15.

The Role of the Courts in Facilitating Climate Change Adaptation

The Asia-Pacific Centre for Environmental Law Climate Change Adaptation Platform (2016)
Number of pages: 6 Posted: 25 Aug 2016
Brian Preston
Land and Environment Court of New South Wales
Downloads 301 (218,060)

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climate change; climate change adaptation; adaptation litigation; environmental rights; judicial review; merits review

16.

Benefits of Judicial Specialization in Environmental Law: The Land and Environment Court of New South Wales as a Case Study

Pace Environmental Law (PELR) Review, Vol. 29, Issue 2 , Winter 2012
Number of pages: 46 Posted: 05 Dec 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 272 (242,462)

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17.

What's Equity Got to Do with the Environment?

Justice Brian J Preston, ‘What's Equity got to do with the Environment?’ (2018) 92(4) Australian Law Journal 257.
Number of pages: 16 Posted: 14 Dec 2018
Brian Preston
Land and Environment Court of New South Wales
Downloads 265 (248,856)

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equity, environmental law, ecologically sustainable development, procedural justice, intergenerational equity, intragenerational equity, interspecies equity

18.

Economic Valuation of the Environment

(2015) 32 EPLJ 301
Number of pages: 49 Posted: 27 Apr 2016
Brian Preston
Land and Environment Court of New South Wales
Downloads 260 (253,667)

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economic valuation, environmental economics, ecosystem services, market failure, environmental values

19.

The Use of Alternative Dispute Resolution in Administrative Disputes

(2011) 22 Alternative Dispute Resolution Journal 144
Number of pages: 20 Posted: 27 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 230 (286,556)

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20.

The Land and Environment Court of NSW: A Very Short History of an Environmental Court in Action

(2020) 94 Australian Law Journal 631
Number of pages: 9 Posted: 28 Dec 2021
Brian Preston
Land and Environment Court of New South Wales
Downloads 226 (291,335)

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Environmental law, courts and tribunals, Land and Environment Court

21.

Biodiversity Offsets: Adequacy and Efficacy in Theory and Practice

(2016) 33(2) EPLJ 93
Number of pages: 43 Posted: 27 Apr 2016
Brian Preston
Land and Environment Court of New South Wales
Downloads 217 (302,992)

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biodiversity, compensation for biodiversity loss, biodiversity offsets

22.

Adapting to the Impacts of Climate Change: The Limits and Opportunities of Law in Conserving Biodiversity

(2013) 30 Environmental and Planning Law Journal 375
Number of pages: 20 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 216 (304,340)

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23.

The Judicial Development of Ecologically Sustainable Development

Douglas Fisher (ed), Research Handbook on Fundamental Concepts of Environmental Law (Edward Elgar 2016 Forthcoming)
Number of pages: 42 Posted: 02 Aug 2016
Brian Preston
Land and Environment Court of New South Wales
Downloads 215 (305,688)

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Ecologically sustainable development, principles of ecologically sustainable development, role of judiciaries

24.

The Land and Environment Court of New South Wales: Moving Towards a Multi-Door Courthouse (Parts 1 and 2)

Part 1: (2008) 19 Australasian Dispute Resolution Journal 72; Part 2: (2008) 19 Australasian Dispute Resolution Journal 144
Number of pages: 26 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 210 (312,519)
Citation 1

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25.

Injunctions in Planning and Environmental Cases

(2012) 36 Australian Bar Review 84
Number of pages: 35 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 206 (318,294)

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26.

Trends in Human Rights-Based Climate Litigation: Pathways for Litigation in Australia

This is a draft of an article that has been accepted for publication in Volume 49 of the Monash University Law Review. The fully-edited final and citable version of the article is forthcoming.
Number of pages: 38 Posted: 16 Sep 2022
Brian Preston and Nicola Silbert
Land and Environment Court of New South Wales and London School of Economics & Political Science (LSE)
Downloads 192 (339,737)

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climate change, human rights, constitutional rights, climate litigation, human rights litigation, statutory interpretation, legality principle

27.

Enforcement of Environmental and Planning Laws in New South Wales

(2011) 16 Local Government Law Journal 72
Number of pages: 18 Posted: 29 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 189 (344,794)

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28.

The Globalisation and Harmonisation of Environmental Law: An Australian Perspective

Asia Pacific Journal of Environmental Law, Vol. 16, No. 1, 2013
Number of pages: 36 Posted: 05 Dec 2013
Brian Preston and Charlotte Hanson
Land and Environment Court of New South Wales and Independent
Downloads 188 (348,165)

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29.

Principled Sentencing for Environmental Offences (Parts 1 and 2)

Part 1: (2007) 31 Criminal Law Journal 91; Part 2: (2007) 31 Criminal Law Journal 142
Number of pages: 17 Posted: 29 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 163 (393,196)

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30.

Jurisprudence on Ecologically Sustainable Development: Paul Stein's Contribution

(2012) 29 Environmental and Planning Law Journal 3
Number of pages: 19 Posted: 31 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 156 (408,247)

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31.

The Enduring Importance of the Rule of Law in Times of Change

(2012) 86 Australian Law Journal 175
Number of pages: 18 Posted: 29 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 154 (412,694)

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32.

The Environment and its Influence on the Law

(2008) 82 Australian Law Journal 180
Number of pages: 19 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 154 (412,694)

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33.

Natural Justice by the Courts: Some Recent Cases

(2013) 11 The Judicial Review 193
Number of pages: 31 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 143 (438,443)

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34.

Leadership by the Courts in Achieving Sustainability

(2010) 27 Environmental and Planning Law Journal 321
Number of pages: 18 Posted: 31 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 139 (448,451)

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35.

The Establishment of an Environmental Crime Sentencing Database in New South Wales

(2008) 32 Criminal Law Journal 214
Number of pages: 39 Posted: 28 Oct 2013
Brian Preston and Hugh Donnelly
Land and Environment Court of New South Wales and Judicial Commission of New South Wales
Downloads 119 (507,074)

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36.

Conciliation in the Land and Environment Court of New South Wales: History, Nature and Benefits

(2007) 13 Local Government Law Journal 110
Number of pages: 26 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 116 (517,085)

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37.

Ecologically Sustainable Development in the Context of Contaminated Land

Number of pages: 25 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 114 (527,373)
Citation 1

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38.

Adapting to a Sustainable Energy Future – Part 2: Regulating Wind Energy Development under the NSW Planning Law Regime

Brian J Preston and Tristan Orgill, ‘Adapting to a Sustainable Energy Future – Part 2: Regulating Wind Energy Development under the NSW Planning Law Regime’ (2018) 35 Environmental and Planning Law Journal 26.
Number of pages: 20 Posted: 14 Dec 2018
Brian Preston, Tristan Orgill and Tristan Orgill
Land and Environment Court of New South Wales and Australian National University, College of Law, StudentsLand and Environment Court of NSW
Downloads 104 (560,978)

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wind energy, renewable energy, environmental law, planning law

39.

Adapting to a Sustainable Energy Future: The Role of Planning and Environmental Law

Number of pages: 91 Posted: 26 Oct 2016 Last Revised: 16 Jul 2018
Brian Preston and Tristan Orgill
Land and Environment Court of New South Wales and Independent
Downloads 102 (568,903)

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renewable energy; energy efficiency; planning and environmental law; wind farms; solar photo-voltaic electricity; visual impacts of development; heritage conservation

40.

Language, Learning and Life: Linked Losses

Asia Pacific Journal of Environmental Law, Vol. 17, 2014
Number of pages: 22 Posted: 12 Nov 2014
Brian Preston
Land and Environment Court of New South Wales
Downloads 100 (576,885)

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41.

Protected Areas in the Courts: An Overview

[2015] 11 Resource Management Theory & Practice 22
Number of pages: 35 Posted: 27 Apr 2016
Brian Preston
Land and Environment Court of New South Wales
Downloads 93 (604,653)

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protected areas, conservation of biological diversity, heritage conservation, protected area litigation

42.

Environmental Law 1927-2007: Retrospect and Prospect

(2007) 81 Australian Law Journal 616
Number of pages: 32 Posted: 29 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 89 (621,448)

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43.

Climate Change in the Courts

(2010) 36(1) Monash University Law Review 15
Number of pages: 34 Posted: 27 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 89 (621,448)

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44.

Administrative Law in an Environmental Context: An Update

(2007) 15 Australian Journal of Administrative Law 11
Number of pages: 24 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 88 (625,801)

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45.

The Challenges of Approaching Judging from an Earth Centred Perspective

Brian J Preston, ‘Book Review - The Challenges of Approaching Judging from an Earth-centred Perspective’ (2018) 35 Environmental and Planning Law Journal 218.
Number of pages: 9 Posted: 14 Dec 2018
Brian Preston
Land and Environment Court of New South Wales
Downloads 78 (672,198)

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book review, wild law

46.

The End of Enlightened Environmental Law?

(2020) 31(3) Journal of Environmental Law 399
Number of pages: 25 Posted: 09 Jul 2020
Brian Preston
Land and Environment Court of New South Wales
Downloads 77 (677,070)

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populism, environmental governance, environmental law, rule of law

47.

The Judicial Contribution to Water Justice: The Australian Experience

Environmental Law Reporter, Vol. 48, No. 10580, 2018
Number of pages: 16 Posted: 10 Jun 2019
Brian Preston
Land and Environment Court of New South Wales
Downloads 77 (677,070)

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48.

Achieving Court Excellence: The Need for a Collaborative Approach

This article was first published by the International Consortium for Court Excellence and should be cited as “Joanne Gray and Brian J Preston, ‘Achieving Court Excellence – The Need for a Collaborative Approach’ (2017) 8(1) ICCE Newsletter”.
Number of pages: 9 Posted: 03 Nov 2017
Brian Preston and Joanne Gray
Land and Environment Court of New South Wales and Land and Environment Court of New South Wales
Downloads 75 (687,175)

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International framework for court excellence, strategic leadership, court administration, collaboration between organisations, environmental law

49.

Adapting to a Sustainable Energy Future: Part 1 – The Localisation of Sustainable Energy Generation under the New South Wales Planning Law Regime

Brian J Preston and Tristan Orgill, ‘Adapting to a sustainable energy future: Part 1 – The localisation of sustainable energy generation under the New South Wales planning law regime’ (2017) 34 Environmental and Planning Law Journal 418.
Number of pages: 18 Posted: 14 Dec 2018
Brian Preston, Tristan Orgill and Tristan Orgill
Land and Environment Court of New South Wales and Australian National University, College of Law, StudentsLand and Environment Court of NSW
Downloads 71 (708,463)
Citation 1

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solar energy, planning law

50.

Rethinking Climate Change and the Law

(2016) 39(4) UNSW Law Journal
Number of pages: 8 Posted: 03 Nov 2017
Brian Preston
Land and Environment Court of New South Wales
Downloads 63 (755,190)

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Environmental law, climate change, wicked problem, bottom up regulation, community participation, environmental justice, ecocentrism, law reform, good governance

51.

Water and Ecologically Sustainable Development in the Courts

(2009) 6 Macquarie Journal of International and Comparative Environmental Law 129
Number of pages: 15 Posted: 31 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 63 (755,190)

Abstract:

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52.

Consultation: One Aspect of Procedural Propriety in Administrative Decision-Making

(2008) 15 Australian Journal of Administrative Law 185
Number of pages: 10 Posted: 28 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 62 (761,461)

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53.

Unconventional Natural Gas in the Courts: An Overview

(2014) 32(4) Journal of Energy and Natural Resources Law 377
Number of pages: 54 Posted: 27 Apr 2016
Brian Preston
Land and Environment Court of New South Wales
Downloads 52 (830,941)

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unconventional gas, tort law, contract law, civil enforcement, administrative law, property law, public interest litigation, criminal law

54.

A Judge's Perspective on Using Sentencing Databases

(2010) 9 The Judicial Review 421; (2010) 3 Journal of Court Innovation 247
Number of pages: 9 Posted: 31 Oct 2013
Brian Preston
Land and Environment Court of New South Wales
Downloads 48 (862,584)

Abstract:

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55.

Trends In Human Rights-Based Climate Litigation: Pathways for Litigation in Australia

(2023) 49(1) Monash University Law Review 39
Number of pages: 34 Posted: 23 Sep 2024
Brian Preston and Nicola Silbert
Land and Environment Court of New South Wales and London School of Economics & Political Science (LSE)
Downloads 15 (1,217,715)

Abstract:

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56.

The Interaction of Policy and Law in Environmental Governance

Downloads 10 (1,262,465)

The Interaction of Policy and Law in Environmental Governance

AIAL Forum, Issue 108 September, 2023, pages 39-61.
Number of pages: 25 Posted: 23 Sep 2024
Brian Preston
Land and Environment Court of New South Wales
Downloads 10 (1,321,843)

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The Interaction of Policy and Law in Environmental Governance

(2023) 108 AIAL Forum 39. 
Posted: 23 Sep 2024
Brian Preston
Land and Environment Court of New South Wales

Abstract:

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57.

The Role of the Judiciary in Keeping the Legislature and Executive Accountable

Bar News Winter 2023
Posted: 23 Sep 2024
Brian Preston
Land and Environment Court of New South Wales

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Other Papers (1)

Total Downloads: 63
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1.

Environmental Justice and Land Use Conflict: The Governance of Mineral and Gas Resource Development

Journal of Energy & Natural Resources Law, Volume 36, 2018 - Issue 3
Number of pages: 6 Posted: 06 Aug 2018 Last Revised: 15 Nov 2018
Brian Preston
Land and Environment Court of New South Wales
Downloads 63

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book review, land use conflict, environmental justice, mineral resource extraction, coal, coal seam gas, shale gas, case study